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MATTER OF HERNANDEZ v. SELSKY

296 A.D.2d 677 (2002)

744 N.Y.S.2d 727

In the Matter of ROBERTO HERNANDEZ, Petitioner, v. DONALD SELSKY, as Director of Special Housing Unit and Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 11, 2002.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized use of controlled substances after his urine twice tested positive for the presence of opiates. Substantial evidence of petitioner's guilt was presented in the form of the misbehavior report, the documentation relating to the positive laboratory test results, including the daily log, and the testimony of the correction officer who authored the misbehavior report and conducted...

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